Zimbabwe: High Court confirms mothers no longer have automatic custody of their children

The High Court of Zimbabwe reaffirmed on October 16, 2026, that mothers no longer enjoy any automatic preference for the custody of their children, and that only the best interests of the child, not the gender of the parent, determine where they live. The court, sitting in Chinhoyi and presided over by Justice Catherine Bachi-Mzawazi, dismissed a mother who was seeking sole custody of her three minor children, according to the newspaper New Zimbabwe.

A family matter turned into a matter of principle

Florence Muoni requested that her three children, who live with their father Joseph Dzotizeyi and his first wife, be entrusted to her. Her customary union with the father ended in September 2024. She accused him of blocking her access to the children and excluding her from decisions concerning them, including preventing her from visiting them at their boarding schools.

The Court did not find sufficient grounds to relocate the children. It noted that the mother did not have a permanent residence and that the children needed stability. It also noted that the father had not cooperated with the proceedings, while observing that the reports submitted to the file did not call his parenting skills into question.

What the decision organizes in practice

The mother was granted access to her three children for the first two weeks of each school holiday, with the father retaining the rest. He must consult her on guardianship matters when required by law. In the event of a persistent disagreement, the decision of the custodial parent prevails. No order for costs was made.

A 2022 reform that changes family law

The reasoning is based on the 2022 amendment to the Guardianship of Minors Act, which repealed provisions granting the father primary guardianship and the mother a preference for custody. Both parents must now consult each other on guardianship matters. The Court also referred to a Supreme Court judgment, Chantelle Tatenda Muteswa v Frank Buyanga Sadiqui.

"The best interests of the child" remain "paramount," the decision emphasizes, noting that fathers are now recognized as capable guardians on an equal footing with mothers, according to New Zimbabwe.

The impact is twofold. The 2022 text puts an end to a long-standing inequality that deprived mothers of guardianship over their own children. However, when applied to a mother without stable housing, the neutral criterion of the child's best interests can also weigh economic precariousness against the parent suffering from it. It is up to the Zimbabwean courts to reconcile these two requirements.